2023-07-18 VI. A. Ord No. 1272, Exhibit 1 • • Exhibit 1
07/18/2023
ORDINANCE NO. 1272
AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; RELATING TO THE
REGULATION OF THE OPERATION OF MOBILE FOOD DISPENSING VEHICLES
(MFDV) WITHIN THE CITY LIMITS, LAND DEVELOPMENT REGULATION TEXT
AMENDMENT APPLICATION NO. 23-001-TA; AMENDING PART II OF THE CITY CODE
OF ORDINANCES OF THE CITY OF OKEECHOBEE WITHIN CHAPTER 14
BUSINESSES, BY SPECIFICALLY AMENDING ARTICLE VI MFDV, ALLOWING FOR
OPERATION OF MFDV AT HOUSES OF WORSHIP AND IN THE COMMERCIAL
PROFESSIONAL OFFICE (CPO), LIGHT COMMERCIAL (CLT), HEAVY COMMERCIAL
(CHV), CENTRAL BUSINESS DISTRICT (CBD), AND INDUSTRIAL (IND) ZONING
DISTRICTS AND ALLOWING FOR OPERATION OF MFDV IN CONJUNCTION WITH A
TEMPORARY USE PERMIT; AND WITHIN CHAPTER 90 ZONING, BY SPECIFICALLY
AMENDING ARTICLE III DISTRICT AND DISTRICT REGULATIONS, ALLOWING FOR
MFDV AS A SPECIAL EXCEPTION USE IN THE CPO, CLT, CHV, CBD, IND,
PUBLIC USE (PUB), AND RURAL HERITAGE (RH)ZONING DISTRICTS AND ARTICLE
IV, SUPPLEMENTARY DISTRICT REGULATIONS; REPEALING ALL ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Governor of the State of Florida signed into law the Occupational Freedom and Opportunity
Act (Senate Bill 474/House Bill 1171) ("Act"), which became effective on July 1, 2020; and
WHEREAS,the Act created Florida Statutes Section 509.102, "Mobile food dispensing vehicles; preemption," in
which a municipality, county, or other local governmental entity may not require a separate license,
registration, permit, or fee from MFDV and may not prohibit MFDV from operating within the entirety of
the jurisdiction; and
WHEREAS, the City of Okeechobee, Florida (City) allows MFDV licensed by the Florida Department of Business
and Professional Regulation (DBPR), which includes mobile hot dog carts and food trucks, to operate
according to certain standards; and
WHEREAS, the Planning Board for said City, acting as the Local Planning Agency, reviewed and discussed
the proposed amendments, also known as Land Development Regulation Text Amendment Application
No. 23-001-TA, at duly advertised Public Hearings held on April 20, 2023, and May 18, 2023, and
based on findings of fact by the Planning Staff, hereby recommends certain changes, amendments, or
modifications to the Code of Ordinances, to present to the City Council for ordinance adoption and
codification; and
WHEREAS, the City Council for said City considered the recommendations by the Planning Board and
concludes that this Ordinance promotes the public health, safety, and welfare of its citizens and
inhabitants of the City, pursuant to Article VIII, Section 1(g), Florida Constitution; and
WHEREAS, the City Council for said City finds and determines that these changes, amendments, or
modifications to the City's Code of Ordinances are consistent with all applicable policies including the
Land Development Regulations and the said City adopted Comprehensive Plan and not in conflict with
the public interest.
NOW THEREFORE, be it ordained before the City Council of said City; presented at a duly advertised public
meeting; and passed by the majority vote of the City Council; and properly executed by the Mayor or
designee, as Chief Presiding Officer for the City; that
SECTION 1. RECITALS.
The foregoing "whereas" clauses are incorporated herein as legislative findings by this reference and
made a part hereof for all intents and purposes.
SECTION 2. AMENDMENT TO CHAPTER 14 BUSINESSES.
That Part II of the City Code of Ordinances within Chapter 14 Businesses, is hereby amended to read
as follows:
Language amended at the First Reading is noted in red.
Language to be added is underlined.
Language to be deleted is r«.,.e th eu h. Ordinance No. 1272, Page 1 of 10
• •
ARTICLE VI. MFDV
Section 14-300. Title.
This article shall be known and may be cited as the "Food Truck Ordinance."
Section 14-301. Authority.
This article is enacted under the home rule power of the City in the interest of the health, safety, peace,
andgeneral welfare of the people of the City.
Section. 14-302. Applicability.
This section applies to vendors operating MFDV as defined in Florida Statute.
Sections. 14-303-14-340. Reserved.
Section 14-341. MFDV Classifications.
Classifications. Mobile food establishments involving the use of a MFDV shall be classified as
follows:
u Class I - Mobile kitchens. In addition to the vending of products allowed for Class II and
Class III, these vehicles may cook, prepare, and assemble food items in the unit and serve
a full menu. This also includes vending carts.
Class II - Canteen trucks. These vehicles vend fruits, vegetables, precooked foods, pre-
packaged foods, and pre-packaged drinks. No preparation or assembly of foods or
beverages may take place on or in the vehicle, however, the heating of pre-cooked foods is
allowed.
Class Ill - Ice cream trucks. These vehicles vend only pre-packaged frozen dairy or frozen
water-based food products, soft serve or hand-dipped frozen dairy products or frozen water-
based products and pre-packaged beverages.
LI Exclusions. As used in this section,the term MFDV does not include minor children operating
lemonade or soft drink stands, owners or operators of fresh fruit and/or vegetable stands or
other raw, uncooked, unprepared, or nonedible perishable goods, or owners or operators of
food or beverage self-service vending machines.
Sections. 14-342-14-360. Reserved.
Section 14-361. Operating without Special Exception Use Petition approval or Temporary Use
Permit.
u All classes of MFDV may operate on private property in the CPO, CLT, CHV, CBD,or IND zoning
districts or on any property where a permanent house of worship use is located according to the
following standards:
Written, signed consent of the owner of the property on which the vehicle is operating shall
be available upon request by a representative of the City or any regulating agency. The
written consent shall specify the address and/or parcel identification number, and the
approved operating days and times authorized by the owner.
No more than two (2) MFDVs shall operate on one parcel at the same time.
Lg1. MFDV operations, including customer queuing/waiting area may not occupy more than 5
percent of the parking spaces required for the other active permitted use(s) on any parcel.
Existing internal and external vehicle circulation patterns shall not be affected by MFDV
operations. The MFDV operations shall not cause or increase vehicle queuing, congestion,
or hazardous conditions.
Freestanding signage for each MFDV is limited to one (1) non-affixed, A-frame ground sign
to be no larger than 20-square feet in area (including both sides), to be removed once the
MFDV is no longer operational.
Language amended at the First Reading is noted in red.
Language to be added is underlined.
Language to be deleted is stwslc-through. Ordinance No. 1272, Page 2 of 10
• •
L1f Placement of tables, seating, and canopies is not permitted in association with MFDV
operations.
191 All standards of Section 14-364 shall apply.
j21 Class Ill vehicles may operate in the public right-of-way in any zoning district according to the
following standards:
u The MFDV may not be stationary for periods exceeding 20-minutes and must not constitute
a hazard to vehicular or pedestrian traffic at any time.
• No accessory or appurtenant structures or fixtures shall be erected, installed,or constructed,
and no temporary awning or canopy may be employed.
No tables, seating, or canopies may be provided.
L1 No sale of goods shall occur outside of any vehicle operating on public rights-of-way.
u Operation is limited to the hours between 9:00 a.m. and sundown, whatever time that may
occur.
La No sale or distribution of alcoholic beverages is permitted.
LgI Short, pre-recorded amplified songs or tunes may be broadcast so long as they comply with
the City Noise and Vibration Standards. Amplified music lyrics may not be broadcast at any
time.
u All standards of Section 14-364 shall apply.
Section 14-362. Operating with a Special Exception Use Approval.
All classes of MFDVs may operate as a Special Exception Use in those zoning districts where MFDVs
are listed as a Special Exception Use and only as approved through the Special Exception Use Petition
process in accordance with any conditions and site design standards required as part of the Special
Exception Use Petition approval. Application considerations are as follows:
al A pre-petition meeting with City staff is recommended.
u Upon determination by the City Administrator, a traffic impact study may be required.
2 A site plan shall be submitted demonstrating adequacy of parking, internal/external vehicular
circulation, pedestrian safety,customer service area,compatibility with existinq onsite and offsite
uses.
al Adequate sanitary facilities, utility, drainage, refuse management, emergency services and
access, and similar necessary facilWe s and services will be available to serve employees and
patrons.
u All standards of Section 14-364.
n Standards for granting a Special Exception Use provided in Section 70-373(b) and the findings
for approval provided in Section 70-373(c).
L1 The ultimate decision to approve, deny, or approve with conditions any Special Exception Use
Petition shall be the responsibility of the City Board of Adjustment, which may impose any
condition necessary to ensure compatibility of the proposed use and ensure public health, safety,
and welfare.
Section 14-363. Operatinq with a Temporary Use Permit.
MFDVs may operate on private property, public property and on rights-of-way as authorized by a
Temporary Use Permit and in accordance with any conditions of that permit. Guidelines for MFDV
Temporary Use Permit conditions are as follows:
Language amended at the First Reading is noted in red.
Language to be added is underlined.
Language to be deleted is ugh. Ordinance No. 1272, Page 3 of 10
• •
The MFDV operator shall produce a copy of the Temporary Use Permit for inspection upon
request by a representative of the City or any regulating agency.
MFDV conducting business in conjunction with a City sanctioned event or activity, or events held
on City owned or controlled property shall comply with all standards and requirements as
established by the event coordinator and/or General Services Department, in addition to any
applicable regulatory agency's regulations.
2 Adequate sanitary facilities, utility, drainage, refuse management, emergency services and
access, and similar necessary facilities and services will be available to serve employees,
patrons, or participants.
u Where a tent or similar structure is to be used, such structure shall:
LI Comply with the requirements of the Fire Marshal.
u Provide the City with a certificate of insurance to cover the liability of the applicant or sponsor.
Demonstrate that the tent is flame resistant by providing a certificate of flame resistance or
other assurance that the structure has been properly treated with a flame retarder and has
been maintained as such.
2 Freestanding signage for each MFDV is limited to one (1) non-affixed, A-frame ground sign to
be no larger than 20-square feet in area (including both sides), to be removed once the MFDV
is no longer operational.
u All standards of Section 14-364 shall apply.
Section 14-364. General Operating Standards.
The following standards shall apply to all MFDVs operating in the City unless otherwise stated in the
conditions of a Special Exception Use Petition approval or Temporary Use Permit approval or otherwise
stated elsewhere in this Chapter.
(1) Any person engaged in selling, preparing, or dispensing food from a MFDV shall obtain the
appropriate approvals and licenses from the State of Florida DBPR, Florida Department of
Health, and/or the Florida Department of Agriculture and Consumer Services before operating
and shall provide copies of all approvals and licenses upon request.
(2) The operator of a MFDV shall provide the City, or other regulatory agencies, their Florida State
sales tax number upon request and shall maintain display a current vehicle registration tag.
(3) The operator shall make the MFDV available for routine inspections by the Fire Marshal, City
Building Official, or City Code Enforcement Officer at any time requested and at any frequency
deemed appropriate, while at location or in operation, to ensure compliance with all applicable
Federal, State, and local fire safety statutes, regulations and codes, and local regulations of this
Section.
(4) The operator of the MFDV shall comply with all requirements of the most current edition of the
Florida Fire Prevention Code(FFPC)and the National Fire Protection Association (NFPA). Upon
inspection, if the Fire Marshal or an authorized designee determines any violations of the FFPC
or NFPA exist, the mobile food establishment can be required to cease operations immediately.
(5) Mobile food establishments shall have hand sanitizer, or similar, visible and readily available for
customer use at all times during hours of operation.
(6) MFDVs that remain operational on the same site for longer than three (3) consecutive hours
must provide restrooms, or written consent from the property owner allowing public access to
existing restrooms within 150-feet of the stationary vehicle.
(7) MFDV operations shall not interfere with vehicular and pedestrian movement or visibility, block
access to loading/service areas, emergency access and fire lanes, driveways, sidewalks,
emergency exits, or damage landscaped areas on adjacent sites.
Language amended at the First Reading is noted in red.
Language to be added is underlined.
Language to be deleted is struck Ordinance No. 1272, Page 4 of 10
• •
(8) Except for Class III MFDVs operating in the right-of-way according to the provisions of Section
14-361(2), waste receptacles, not less than 32-gallons, shall be provided adjacent to the MFDV,
for litter associated with the sales activity. The MFDV operator shall remove all litter, debris, and
other waste attributable to the vendor and/or customers daily and ensure that waste disposal
receptacle is not overfilled at any time.
(9) Waste, fat, oil, grease, greywater, or similar substances shall not be discharged into any
stormwater system, landscape area, sidewalks, or rights-of-way. MFDV operators are
responsible for proper disposal of any waste material in accordance with Federal, State, County,
or Municipal laws, rules, regulations, orders, or permits.
(10) MFDVs shall not sell alcohol unless specifically licensed to do so and must provide copies of all
alcohol-related licensing upon request.
(11) Except for Class III vehicles operating in the rights-of-way according to the provisions of Section
14-361(2), a MFDV shall not make sounds, announcements, or amplify music to call attention to
its vending or products either while traveling on public or private right-of-way or when stationery.
(12) Using balloons, banners, snipe signs, large flashing lights, flags, or other similar devices to
attract customers is prohibited, except in accordance with City Sign Regulations.
(13) MFDVs shall not park within any required landscape buffers or stormwater retention/detention
area.
(14) MFDVs shall not obstruct the usage of American with Disabilities Act (ADA) accessible parking
spaces or associated ADA access aisles.
(15) Serving from a free-standing grill is prohibited.
(16) It is prohibited to solicit sales of food or beverages by:
▪ Stopping passersby;
1121 Yelling or making loud noise to attract customers;
jc) Using sound amplification in such a manner as to unreasonably disturb peace, quiet and
comfort; or
LI Having an attraction which will blockade a street, sidewalk, or other public place.
Section 14-365. Enforcement.
LU Owners and operators of MFDV and property owners on which such vehicles operate, shall be
jointly and severally liable for any violations of this Section, subject to the penalty provisions set
forth in this Section.
21 City Code Enforcement shall be responsible for compliance with the provisions within Section
14-300. MFDVs operating in non-compliance of any of the provisions of this Section will have
the option to immediately cease all operations and leave the location. If there is refusal to leave
the site, a citation in the amount of no less than $200.00 per infraction/per day will be issued to
the landowner and the City Code Enforcement will bring forward a code compliance case against
the underlying landowner with the intent of collecting the fine in accordance with City Code
Enforcement procedure.
Sections. 14-366-14-380. Reserved.
SECTION 3. AMENDMENT TO CHAPTER 90 ZONING.
That Part II of the City Code of Ordinances within Chapter 90 Zoning is hereby amended to read as
follows:
ARTICLE III. DISTRICTS AND DISTRICT REGULATIONS
Language amended at the First Reading is noted in red.
Language to be added is underlined.
Language to be deleted is struck-through. Ordinance No. 1272, Page 5 of 10
• •
DIVISION 6. CPO DISTRICT
Section 90-223. Special Exception Uses.
The following uses and structures are permitted in the CPO district after issuance of a Special
Exception Use petition and may have additional conditions imposed at the time of approval:
(1) Day care center.
(2) Personal service and dry cleaning on premises.
(3) Cafe.
(4) Business school.
(5) Private club.
(6) House of worship.
(7) Public facility and use.
(8) Public utility.
(9) Permitted uses in excess of 45-feet in height.
(10) Adult family care homes, assisted living facility as defined in F.S. §429.02(5).
(11) Free-standing drive-up ATM which is owned and operated by a bank or other financial
institution with an office located Okeechobee County.
(12) One dwelling unit per commercial building, provided that the dwelling unit is located either
above or behind the ground floor commercial use.
(13) Pawnshop.
(14) MFDV.
DIVISION 7. CLT DISTRICT
Section 90-253. Special Exception Uses.
The following uses and structures are permitted in the CLT district after issuance of a Special Exception
Use Petition and may have additional conditions imposed at the time of approval:
(1) Restaurant, take-out restaurant, cafe.
(2) Dry cleaner/laundry, Laundromat.
(3) Private club, nightclub, and bar.
(4) Business school.
(5) Radio, television or cable reception, transmission or operational facilities.
(6) Commercial indoor recreation.
(7) Commercial parking garage or lot, taxi stand.
(8) Outdoor vehicle sales lot.
(9) House of worship.
(10) Marina, dock, pier.
(11) Enclosed storage.
(12) Public facility or use.
(13) Public utility.
(14) Permitted uses in excess of 45-feet in height.
(15) One dwelling unit per commercial building, provided that the dwelling unit is located either
above or behind the ground floor commercial use.
(16) Group home.
(17) Adult family care homes, assisted living facilities as defined in F.S. §429.02(5).
(18) Nursing homes.
(19) Taxidermist.
(20) Free-standing drive-up ATM which is owned and operated by a bank or other financial
institution with an office located in Okeechobee County.
(21) Alcohol and drug rehabilitation center/detox center.
(22) Recovery center/sober home.
(23) Pawnshop.
(24) MFDV.
DIVISION 8. CHV DISTRICT
Section 90-283. Special Exception Uses.
The following uses and structures are permitted in the CHV district after issuance of a Special
Exception Use Petition and may have additional conditions imposed at the time of approval:
Language amended at the First Reading is noted in red.
Language to be added is underlined.
Language to be deleted is strusk-thfflugh. Ordinance No. 1272, Page 6 of 10
• •
(1) Drive-through service.
(2) Auto service station, car wash.
(3) Wholesale, warehouse not including bulk storage of flammable liquids.
(4) Enclosed warehouse and storage.
(5) Outdoor sales and storage, building trades contractor.
(6) Flea market.
(7) Mechanical and repair services.
(8) Commercial outdoor recreation.
(9) Veterinary service.
(10) Crematory.
(11) Marina, dock, pier.
(12) Recreational vehicle park, for transient recreation use.
(13) Radio, television or cable reception, transmission or operational facilities.
(14) Public facility or use.
(15) Public utility.
(16) Permitted uses in excess of 45-feet in height.
(17) One dwelling unit per commercial building, provided that the dwelling unit is located either
above or behind the ground floor commercial use.
(18) Outdoor vehicle sales lot.
(19) House of worship.
(20) Hospitals, which means in-patient hospital care.
(21) Adult family care homes, assisted living facilities as defined in F.S. §429.02(5).
(22) Nursing homes.
(23) Free-standing drive-up ATM which is owned and operated by a bank or other financial
institution with an office located in Okeechobee County.
(24) Alcohol and drug rehabilitation center/detox center.
(25) Convenience store with fuel pumps.
(26) Retail pool supplies and equipment (including storage of chemicals for use and/or retail
sale).
(27) Water treatment services (including storage of chemicals for use and/or retail sale).
(28) Pest control (including storage of chemicals for use and/or retail sale).
(29) MFDV.
DIVISION 9. CBD DISTRICT
Section 90-313. Special Exception Uses.
The following uses and structures are permitted in the CBD district after issuance or a Special
Exception Use Petition and may have additional conditions imposed at the time of approval:
(1) Drive-through service.
(2) Auto service station, car wash.
(3) Radio, television or cable reception, transmission or operational facilities.
(4) Mechanical and repair services.
(5) House of worship.
(6) Marina, dock, pier.
(7) Public facility or use.
(8) Public utility.
(9) Permitted uses in excess of 45-feet in height.
(10) One dwelling unit per commercial building, provided that the dwelling unit is located either
above or behind the ground floor commercial use.
(11) Outdoor vehicle sales lot.
(12) Free-standing drive-up ATM which is owned and operated by a bank or other financial
institution with an office located in Okeechobee County.
(13) Pawnshop.
(14) MFDV.
DIVISION 10. IND DISTRICT
Section 90-343. Special Exception Uses.
The following uses and structures are permitted in the IND district after issuance of a Special Exception
Use Petition and may have additional conditions imposed at the time of approval:
Language amended at the First Reading is noted in red.
Language to be added is underlined.
Language to be deleted is struok4hcougb. Ordinance No. 1272, Page 7 of 10
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(1) Manufacturing chemical or leather products.
(2) Bulk storage of hazardous material and flammable liquid.
(3) Salvage yard.
(4) Other industrial uses not listed.
(5) Reserved.
(6) Crematory.
(7) Fortuneteller.
(8) Permitted uses in excess of 45-feet in height.
(9) Outdoor vehicle sales lot.
(10) Adult entertainment:
a. Notwithstanding any other provision of this Code, adult entertainment establishments
subject to Article V, Chapter 14 of subpart A of this Code may not be permitted in any area
of the City except as permitted within the IND district within the provisions and conditions
of this Code.
b. Distance minimums. In addition to subsection (10)a of this Section, an adult establishment
shall not be permitted to open, operate, or be enlarged so as to come within the following
distances:
1. 1000-feet of a permitted, preexisting adult entertainment establishment;
2. 1000-feet of a preexisting commercial establishment that in any manner sells or
dispenses alcoholic beverages for on-premises or off-premises consumption;
3. 1000-feet of a preexisting religious institution;
4. 1000-feet feet of a preexisting educational institution, or library;
5. 500-feet of an area zoned for residential uses;
6. 1000-feet of a park, whether improved or not;
7. 200-feet of a preexisting government facility, and any half-way house.
(11) Rehabilitation or half-way homes.
a. That as provided in Ordinance No. 967, and included in Section 38-43, rehabilitation
facilities or half-way homes for treatment and rehabilitation of sexual offenders shall be a
Special Exception Use in IND zoning categories, subject to the following restrictions.
b. That any such facility shall be subject to all state laws pertinent to such facilities under the
Laws of Florida.
c. That such facility shall at no time house in excess of six (6) sexual offenders, excluding
employees and staff of the facility.
d. That such facility shall be licensed by the State of Florida and be staffed by professional
and licensed mental health care providers, and provide an organized course of treatment
and rehabilitation recognized by the State of Florida and the standard of care recognized
by the professions of psychology or psychiatry.
e. That such facility shall not be located within 1,000-feet of school, public or private; a child
care facility, church, public park, adult entertainment facility or a zoning district of RSF-1;
RSF-2; RMF.
f. That sexual offender is defined as any person convicted under the laws of the State of
Florida or similar statutes of any other state,country or province,for an offense recognized
as a sexual offense, regardless of degree of offense or whether adjudication of guilt was
withheld by the court.
(12) Nursing homes.
(13) MFDV.
DIVISION 11. PUB DISTRICT
Special Exception Uses in the PUB district arc as follows:
(1) Public utility.
(2) Permitted uses in excess of 45 feet in height.
{3) Group home.
{1) MFDV.
DIVISION 15. RH DISTRICT
The following uses and structures are permitted in the RH district after the issuance of a Special
Exception Use Petition.
Language amended at the First Reading is noted in red.
Language to be added is underlined.
Language to be deleted is struck through. Ordinance No. 1272, Page 8 of 10
• •
{1) Permitted uses in excess of 30 feet in height.
{2) Reserved. MFDV.
Ll Reserved.
ARTICLE IV. SUPPLEMENTARY DISTRICT REGULATIONS
DIVISION 5. SIGNS
Section 90-570. Allowable temporary signs (no permit required).
(a) Any temporary sign not complying with the requirements of this Section is illegal and subject to
immediate removal by the City.
(b) The following temporary signs are permitted without a sign permit, provided that the sign
conforms to the requirements associated therewith. Further, these signs shall not be counted as
part of the allowable number or area of freestanding or building signs.
(1) Signs to indicate that an owner is, either personally or through an agent, actively attempting
to sell, rent, or lease property on which the sign is located, provided that the sign:
a. Does not include the price, terms or similar details.
b. Is not illuminated in any manner so as to create a traffic hazard or distraction, or
constitute a nuisance to any adjacent or surrounding property.
c. Does not exceed 6-square feet in area in residential districts
d. Does not exceed 32-square feet in all other districts.
e. Is removed immediately after sale, lease or rental.
(2) Construction site identification signs provided that the sign:
a. Does not exceed 32-square feet in sign area.
b. Is not displayed more than 60-days prior to the beginning of actual construction of the
project.
c. Is removed within 15-days after the issuance of the final certificate of occupancy.
d. Is removed if construction is not initiated within 60-days after the message is displayed,
or if construction is discontinued for a period of more than 60-days, pending initiation or
continuation of construction activities.
e. Is not located on a public right-of-way.
(3) Signs, including portable signs, to announce or advertise such temporary uses as fairs,
carnivals, circuses, revivals, sporting events, festivals or any public, charitable educational
or religious event or function, provided that the sign:
a. Is located on the lot same property where the event will occur or, if located elsewhere,
the written consent of the property owner on which the sign(s) will be located has been
obtained,
b. Is not displayed more than 14-days prior to the event, and
c. Is removed within three days after the event.
(4) Within the CBD District only, temporary portable signs placed on the City owned sidewalk in
front of the business provided they do not interfere or endanger pedestrian traffic and are
not displayed any time other than during the normal operating hours of the business.
u Except for Class III MFDVs operating in the right-of-way according to the provisions of
Section 14-361(2), and unless otherwise permitted according to an approved Special
Exception Use Petition or Temporary Use Permit, MFDV are allowed one(1) non-affixed,A-
frame ground sign to be no larger than 20-square feet in area (including both sides), to be
removed once the business is no longer operational.
SECTION 4. SEVERABILITY.
If any section, subsection, clause, or provision of this Ordinance is declared invalid or unconstitutional
by a court of competent jurisdiction, the remainder shall not be affected by such invalidity.
SECTION 5. CONFLICT.
All Sections or parts of sections of the City Code of Ordinances in conflict herewith are intended to be
repealed to the extent of such conflict.
SECTION 6: INCLUSION IN THE CODE OF ORDINANCES.
It is the intention of the City Council of said City, and it is hereby ordained that the provisions of this
Ordinance shall become and made a part of the City Code of Ordinances, that the sections of this
Ordinance may be renumbered or re-lettered to accomplish such intentions; and the word "Ordinance"
may be changed to"Section" or other appropriate word.
Language amended at the First Reading is noted in red.
Language to be added is underlined.
Language to be deleted isstruskthrough. Ordinance No. 1272, Page 9 of 10
• •
SECTION 7: EFFECTIVE DATE.
This Ordinance shall be effective upon final adoption on second reading.
INTRODUCED for FIRST READING and set for Final Public Hearing on this 20th day of June 2023.
Dowling R. Watford Jr., Mayor
ATTEST:
Lane Gamiotea, CMC, City Clerk
PASSED and ADOPTED after Second Reading and Final Public Hearing this 18th day of July 2023.
As required by City Charter Section C-4.1.C, ordinances shall be adopted by roll call on final reading
and recorded, the vote was as follows:
Yes No Abstained Absent
Council Member Chandler:
Council Member/Vice Mayor Clark:
Council Member Jarriel:
Council Member McAuley:
Mayor Watford:
Dowling R Watford Jr., Mayor
ATTEST:
Lane Gamiotea, CMC, City Clerk
REVIEWED FOR LEGAL SUFFICIENCY:
John J. Fumero, Esq.
City Attorney
Language amended at the First Reading is noted in red.
Language to be added is underlined.
Language to be deleted is stwsk-through. Ordinance No. 1272, Page 10 of 10
• •
V. QUASI-JUDICIAL PUBLIC HEARING CONTINUED
A. Continued. Planner Smith, attending electronically via Zoom, presented the Planning Staff
Report which finds the request is consistent with the City's Comprehensive Plan. Clerk
Gamiotea stated for the record 22 courtesy notices were mailed to the surrounding property
owners, advertisements, and one sign were properly posted, with no objections or comments
received to date. There were no comments from the Council. Roll Call Vote: Chandler— Yea,
Clark— Yea, Jarriel — Yea, McAuley — Yea, Watford — Yea. Motion Carried.
MAYOR WATFORD CLOSED THE QUASI-JUDICIAL PUBLIC HEARING AT 6:27 P.M.
VI. MAYOR WATFORD OPENED THE PUBLIC HEARING AT 6:28 P.M.
A. Motion and second by Council Members Jarriel and McAuley to read by title only, proposed Ordinance
No. 1274, amending and creating Code Enforcement Fine Reduction Procedures within Chapter 18 of
the Code of Ordinances [as presented in Exhibit 2]. Motion Carried Unanimously.
Attorney Fumero read title of proposed Ordinance No. 1274 into the record as follows: "AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA; RELATING TO REQUESTS
FOR CODE ENFORCEMENT FINE REDUCTIONS, AMENDING PART II OF THE CODE OF
ORDINANCES OF THE CITY OF OKEECHOBEE WITHIN CHAPTER 18 CODE ENFORCEMENT,
ARTICLE II CODE ENFORCEMENT PROCEDURE, BY SPECIFICALLY AMENDING SECTION 18-38
POWERS OF MAGISTRATE; SPECIFICALLY AMENDING SECTION 18-39 FINE REDUCTION
REQUEST PROCESS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY;
REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND
PROVIDING FOR AN EFFECTIVE DATE."
Motion and second by Council Members Jarriel and Chandler to adopt proposed Ordinance No. 1274.
There were no comments from the public or Council. Roll Call Vote: Chandler — Yea, Clark — Yea,
Jarriel — Yea, McAuley — Yea, Watford — Yea. Motion Carried.
B. Motion by Council Member Chandler, second by Vice Mayor Clark to read by title only, proposed
Ordinance No. 1272, regarding Land Development Regulations (LDRs)Text Amendment Application No.
23-001-TA, amending and creating regulations for Mobile Food Dispensing Vehicles (MFDV) (food
trucks)within Chapters 14 and 90 of the Code of Ordinances[as presented in Exhibit 3]. Motion Carried
Unanimously.
Attorney Fumero read the title of proposed Ordinance No. 1272 into the record as follows: "AN
ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; RELATING TO THE REGULATION OF
THE OPERATION OF MFDV WITHIN THE CITY LIMITS, LDR TEXT AMENDMENT APPLICATION
NO. 23-001-TA; AMENDING PART II OF THE CITY CODE OF ORDINANCES OF THE CITY OF
OKEECHOBEE WITHIN CHAPTER 14 BUSINESSES, BY SPECIFICALLY AMENDING ARTICLE VI
MFDV, ALLOWING FOR OPERATION OF MFDV AT HOUSES OF WORSHIP AND IN THE
COMMERCIAL PROFESSIONAL OFFICE (CPO), LIGHT COMMERCIAL (CLT), HEAVY
COMMERCIAL (CHV), CENTRAL BUSINESS DISTRICT (CBD), AND IND ZONING DISTRICTS AND
ALLOWING FOR OPERATION OF MFDV IN CONJUNCTION WITH A TEMPORARY USE PERMIT;
AND WITHIN CHAPTER 90 ZONING, BY SPECIFICALLY AMENDING ARTICLE III DISTRICT AND
DISTRICT REGULATIONS, ALLOWING FOR MFDV AS A SPECIAL EXCEPTION USE IN THE CPO,
CLT, CHV, CBD, IND, PUBLIC USE (PUB), AND RURAL HERITAGE (RH)ZONING DISTRICTS AND
ARTICLE IV, SUPPLEMENTARY DISTRICT REGULATIONS; REPEALING ALL ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT HEREWITH;AND PROVIDING FOR AN EFFECTIVE DATE."
Motion and second by Council Members Chandler and McAuley to approve the first reading and set July
18, 2023, as the final adoption date for proposed Ordinance No. 1272.
Planner Smith reviewed 2020 legislation that pre-empted local governments from prohibiting MFDV in all
zoning districts. The proposed Ordinance was discussed at a Planning Board Workshop on March 16,
2023, and Planning Board meetings on April 20, 2023, and May 16, 2023. Mayor Watford opened the
floor for public comment. There were no comments from the public. Following a discussion, Council
Member Jarriel made a motion to amend proposed Ordinance No. 1272, to only allow the operation of
MFDV within the IND zoning districts. Motion failed due to lack of a second.
Motion by Vice Mayor Clark, second by Council Member Jarriel to amend proposed Ordinance No. 1272
to only allow MFDV in zoning districts restaurants are currently allowed in. Planner Smith clarified the
motion to amend would remove allowing MFDV by special exception use in the PUB and RH zoning
districts. Motion to Amend Carried Unanimously. Vote on Motion As Amended Carried
Unanimously.
MAYOR WATFORD CLOSED THE PUBLIC HEARING AT 7:17 P.M.
JUNE 20, 2023, CITY COUNCIL REGULAR MEETING, PAGE 2 OF 4
• •
�j1 f•7K ',
,'s`�s�. �tON CITY OF OKEECHOBEE, FLORIDA
:LL r�
... PLANNING BOARD MEETING
`� MAY 18, 2023
SUMMARY OF BOARD ACTION
I. CALL TO ORDER
Chairperson Hoover called the regular meeting of the Planning Board for the City of
Okeechobee to order on Thursday, May 18, 2023, at 6:03 P.M. in the City Council
Chambers, located at 55 Southeast (SE) Third Avenue, Room 200, Okeechobee, Florida,
followed by the Pledge of Allegiance.
II. ATTENDANCE
Roll was taken by Board Secretary Patty Burnette. Chairperson Dawn Hoover, Board
Members Phil Baughman, Karyne Brass, Rick Chartier, Mac Jonassaint, and Alternate
Board Members Jon Folbrecht and Jim Shaw were present. Vice Chairperson Doug
McCoy, and Board Member Carl Berlin, Jr., were absent with consent. Chairperson Hoover
moved Alternate Board Members Folbrecht and Shaw to voting position.
III. AGENDA
A. There were no items added, deferred, or withdrawn from the agenda.
B. Motion by Member Chartier, seconded by Member Jonassaint to approve the
agenda as presented. Motion Carried Unanimously.
C. There were no comment cards submitted for public participation.
IV. MINUTES
A. Motion by Member Brass, seconded by Member Folbrecht to dispense with the
reading and approve the April 20, 2023, Regular Meeting minutes. Motion Carried
Unanimously.
V. CHAIRPERSON HOOVER OPENED THE PUBLIC HEARING AT 6:05 P.M.
A. Continued from the April 20, 2023, Meeting, Land Development Regulation (LDR)
Text Amendment Application No. 23-001-TA, proposes to amend Chapters 14,
Businesses, and 90, Zoning, of the Code of Ordinances, by adding Section VI to
allow food trucks as a Special Exception use in the Central Business District (CBD),
Heavy Commercial (CHV), Light Commercial (CLT), Commercial Professional
Office (CPO), Industrial (IND), Public Use (PUB), and Rural Heritage (RH), Zoning
Districts; and create supplemental use standards for food trucks.
1. City Planning Consultant Mr. Ben Smith of Morris-Depew Associates, Inc.
briefly explained at the April 20, 2023, Meeting, the Board discussed Mobile
Food Dispensing Vehicles (MFDVs) and that in 2020, Governor DeSantis
signed into law Senate Bill 474/House Bill 1171, which then enacted Florida
Statute 509.102. This law preempts local governments from entirely
prohibiting MFDVs within their jurisdiction and requiring a separate license,
registration, permit, or fee, other than what is required through the Florida
Department of Business and Professional Regulation. He then reviewed a
proposed ordinance which included classifications of different MFDVs;
regulations for operating without special exception approval or a temporary
use permit on private property in the IND, CHV, CLT, CBD, or CPO Zoning
Districts or on any property where a permanent house of worship is located;
operating with a special exception approval and operating with a temporary
use permit; general operating standards and enforcement. He also briefly
discussed Martin County's ordinance on the same topic. City Attorney Greg
Hyden, of Nason, Yeager, Gerson, Harris and Fumero, provided a copy to
the Board and discussed the main components of a simpler proposed
version.
2. Mr. Octavio Montiel, 8600 Southwest (SW) 991 Street, and Ms. Dennise
Rodriguez, 3616 SW 19th Street, of Okeechobee, Florida, requested
clarification where MFDVs would be permitted, with and without permission.
Board Secretary Burnette read into the record an email dated April 20, 2023,
from Ms. Ashley Sexton, voicing her support of MFDVs [copy has been made
part of the official minute packet].
DRAFT May 18, 2023, Planning Board Meeting Page 1 of 2
• •
V. PUBLIC HEARING ITEMS CONTINUED
3. No Ex-Parte disclosures were offered.
4. Motion by Member Chartier, seconded by Member Folbrecht to recommend
approval to the City Council for LDR Text Amendment Application No. 23-
001-TA, as presented in [Exhibit 1 by the Planning Consultant]. The
recommendation will be forwarded to the City Council for consideration at
Public Hearings, tentatively scheduled for June 20, 2023, and July 18, 2023,
meeting. Motion Carried six to one, Member Brass voting No.
B. Consider LDR Text Amendment Application No. 23-002-TA, which proposes to
amend Chapter 78, Land Development Standards, Article IV, Stormwater
Management, to reflect changes in the State stormwater management regulations.
1. City Attorney Hyden briefly reviewed the proposed ordinance stating this
proposed language is needed to basically come into compliance with the
South Florida Water Management District.
2. Public Works Director David Allen advised that basically the City follows
these procedures already and now there is a little more criteria and
enforcement when dealing with Illicit discharge.
3. No Ex-Parte disclosures were offered.
4. Motion by Member Chartier, seconded by Member Baughman to recommend
approval to the City Council for LDR Text Amendment Application No. 23-
002-TA, aspresented in [Exhibit 2 . The reco
mmendation will be forwarded
]
to the City Council for consideration at Public Hearings, tentatively scheduled
for June 20, 2023, and July 18, 2023, meeting. Motion Carried
Unanimously.
C. Consider LDR Text Amendment Application No. 23-003-TA, which proposes to
amend Chapter 90, Zoning, Article III, Districts and District Regulations, by adding
Section 90-84, regulating the installation and removal of storm shutters.
1. City Attorney Hyden briefly reviewed the proposed ordinance explaining this
is needed due to Fire and Building codes for ingress and egress safety.
2. Board Secretary Burnette read into the record an email dated May 16, 2023,
from Mrs. Raia Black, 1521 SW 7th Avenue, Okeechobee, Florida, which
asked questions about procedures for seasonal residents [copy has been
made part of the official minute packet].
3. No Ex-Parte disclosures were offered.
4. Motion by Member Brass, seconded by Member Folbrecht to recommend
approval to the City Council for LDR Text Amendment Application No. 23-
003-TA, as presented in [Exhibit 3] with removal of the last sentence in
Section 90-84 (b) which reads "coverings which remain on the structure
pursuant to this subsection shall be designed or painted to match or
complement the color of the walls or trim of the building". The
recommendation will be forwarded to the City Council for consideration at
Public Hearings, tentatively scheduled for June 20, 2023, and July 18, 2023,
meeting. Motion Carried Unanimously.
CHAIRPERSON HOOVER CLOSED THE PULIC HEARING AT 7:29 P.M.
VI. CITY ADMINISTRATOR UPDATE
No updates provided at this time.
VII. ADJOURNMENT
Chairperson Hoover adjourned the meeting at 7:29 P.M.
Submitted by:
Patty M. Burnette, Secretary
Please take notice and be advised that when a person decides to appeal any decision made by the Planning Board with respect
to any matter considered at this proceeding, he/she may need to ensure that a verbatim record of the proceeding is made,which
record includes the testimony and evidence upon which the appeal is to be based. General Services' media are for the sole
purpose of backup for official records.
DRAFT May 18, 2023, Planning Board Meeting Page 2 of 2
►0
4-%<<K _ • • 95
CITY OF OKEECHOBEE, FLORIDA
PLANNING BOARD MEETING
`= APRIL 20, 2023
SUMMARY OF BOARD ACTION
CALL TO ORDER
Chairperson Hoover called the regular meeting of the Planning Board for the City of
Okeechobee to order on Thursday, April 20, 2023, at 6:00 P.M. in the City Council
Chambers, located at 55 Southeast (SE) Third Avenue. Room 200, Okeechobee, Florida.
The invocation was offered by Mr. Noel Chandler; followed by the Pledge of Allegiance.
II. ATTENDANCE
Roll was taken by Board Secretary Patty Burnette. Chairperson Dawn Hoover, Board
Members Phil Baughman, Karyne Brass, Rick Chartier, Mac Jonassaint and Alternate
Board Members Jon Folbrecht and Jim Shaw were present. Vice Chairperson Doug
McCoy, and Board Member Carl Berlin, Jr., were absent:with consent. Chairperson Hoover
moved Alternate Board Members Folbrecht and Shaw 1:o voting position.
III. AGENDA
A. There were no items added, deferred, or withdrawn from the agenda.
B. Motion by Member Jonassaint, seconded by Member Brass to approve the agenda
as presented. Motion Carried Unanimously.
C. There were no comment cards submitted for public participation.
IV. MINUTES
A. Motion by Member Brass, seconded by Member Jonassaint to dispense with the
reading and approve the February 16, 2023, Regular Meeting minutes and the
March 16, 2023, Workshop Meeting minutes. Motion Carried Unanimously.
V. CHAIRPERSON HOOVER OPENED THE PUBLIC HEARING AT 6:03 P.M.
A. Land Development Regulation (LDR) Text Amendment Application No. 23-001-TA
proposes to amend Chapters 14 and 90 of the City's Code of Ordinances to allow
and regulate the operation of Mobile Food Dispensing Vehicles (MFDVs).
1. City Planning Consultant Mr. Ben Smith of Morris-Depew Associates, Inc.
gave a brief overview for those not in attendance at the March 16, 2023,
Workshop Meeting. He then reviewed a proposed ordinance which included
classifications of different MFDVs, regulations for operating on private
property, operating by right in the Industrial (IND) Zoning District, possible
Special Exception and Temporary Use Permit processes in other zoning
districts, operating in the public rights-of-way, general operating standards,
and enforcement.
2. Justin and Dmitri Bellamy, 1116 20th Street, Octavio and Joie Montiel, 8600
Southwest(SW) 9th Street, Tommy and Jennifer Harden, 81 SW 21st Terrace,
Briana Leske, 10200 Northeast (NE) 12th Street, and James Crowley, 307
Northwest (NW) 3rd Street, all of Okeechobee, Florida, spoke regarding
MFDVs currently not being allowed to operate on properties without owners
written permission, as they would lose their licenses otherwise; that MFDVs
must pay taxes, insurance, and have repeated inspections that are costly.
MFDVs owners would like to operate on a Peddlers Permit or similar to such
in the City of Okeechobee and have minimal restrictions.
3. There were no Ex-Parte disclosures offered.
4. After a lengthy discussion among the Board and direction to the Planner to
review some other local jurisdiction's ordinances, a motion was made by
Member Folbrecht, seconded by Member Chartier, to continue LDR Text
Amendment Application No. 23-001-TA as presented in [Exhibit 1] to the May
18, 2023, meeting. Motion Carried Unanimously.
QUASI-JUDICIAL ITEM
B. Rezoning Petition No. 23-001-R, requests to rezone 0.36± unplatted acres from
Holding (H) to IND, located contiguous to the West-side of the East City Limits
Boundary Line, North of the railroad tracks, arid South of NE 12th Avenue for the
proposed use of outdoor storage.
Anril 70 2071 Planning Board Meeting Page 1 of 2
L.lLy oul.nceectioDee uate: �..,)1_;) .D �etltton No. ( _Gol_ (/`
General Services Departme. Fee Paid: tyf Wurisdiction: rr1_: i
�la �" �.
i
55 S.E. 3rd Avenue, Room 101 - 1st Hearing: l.t-.-: - 2nd Hearing:
Okeechobee, Florida 39974-2903 5�o. -ft`
Phone: (863) 763-3372, ext. 218 Publication Dates: i,-dC
Fax: (863) 763-1686 Notices Mailed:
cCafra hnrte
APPLICATION FOR TEXT AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS
APPLICANT INFORMATION
1 Name of Applicant:
2 Mailing address:
3 E-mail address:
4 Daytime phone(s):
Do you own residential property within the City? ( ) Yes ( ) No
If yes, provide address(es)
5
Do you own nonresidential property within the City? ( ) Yes ( ) No
If yes, provide address(es)
6l�
REQUEST INFORMATION
Request is for: ({ _') Text change to an existing section of the LDRs
( ) Addition of a permitted use ( ) Deletion of a permitted use
7
( )Addition of a special exception use ( ) Deletion of a special exception use
( ) Addition of an accessory use ( ) Deletion of an accessory use
Provide a detailed description of text changes to existing section(s) showing deletions in strikeout and
additions in underline format. (This description may be provided on separate sheets if necessary.)
pibpncpci
LDR Amendment Application Page 1 of 3
r uvtue d Ue dIICU nau(I ubCkJ) w ue auueu or ueieteu aria to aping aistria s) ana sections) to
be changed. (This descrIgh may be provided on separate sheets if Wssary.)
3�e. prOrMedQlj
9
REQUIRED ATTACHMENTS
Non-refundable application fee of$500
Note: Resolution No. 98-11 Schedule of Land Development Regulation Fees and Charges -
10 When the cost for advertising publishing and mailing notices of public hearings exceeds the
established fee, or when a professional consultant is hired to advise the city on the application,
the applicant shall pay the actual costs.
Confirmation of Information Accuracy
I hereby certify that the information in this application is correct. The information included in this application is
for use by the City of Okeechobee in processing my request. False or misleading information may be
punishable by a fine of up to $500.00 and imprisonment of up to 30 days and may result in the denial of this
application.
Signature Printed Name Date
For questions relating to this application packet, call General Services Dept. at (863)-763-3372, Ext. 218
LDR Amendment Application Page 2 of 3
icy or utceecnooee uate: Awetition No. '.`,. /-t
General Services DepartmeW Fee Paid: 04 Wurisdiction:
55 S.E. 3rd Avenue, Room 101 �fl
Okeechobee, Florida 39974-2903 �s� Hearing: Cj_ - , ,�} 2"d Hearing: G !-
Phone: (863) 763-3372, ext. 218 Publication Dates:
Fax: (863) 763-1686 Notices Mailed: N/i+
APPLICATION FOR TEXT AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS
APPLICANT INFORMATION
1 Name of Applicant:
2 Mailing address: r, S. ; .3111
3 E-mail address:
4 Daytime phone(s):
Do you own residential property within the City? ( ) Yes ( ) No
If yes, provide address(es)
5
N/I ,
Do you own nonresidential property within the City? (_ ) Yes ( ) No
If yes, provide address(es)
6
REQUEST INFORMATION
Request is for: ( • ) Text change to an existing section of the LDRs
( ) Addition of a permitted use ( ) Deletion of a permitted use
7
( ) Addition of a special exception use ( ) Deletion of a special exception use
( ) Addition of an accessory use ( ) Deletion of an accessory use
Provide a detailed description of text changes to existing section(s) showing deletions in strikeout and
additions in underline format. (This description may be provided on separate sheets if necessary.)
prOf- jod,tA`Q.I —_
8
LDR Amendment Application Page 1 of 3
E IuVIUe d U5ek5) to ue aaaea ur aeietea ana intwning aistncttsJ ana section(s) to
be changed. (This descrWin may be provided on separate sheets if ssary.)
Jee piu,JuSCL1 (v(t,iA,+ it(.+ct—r_
9
REQUIRED ATTACHMENTS
Non-refundable application fee of$500
Note: Resolution No. 98-11 Schedule of Land Development Regulation Fees and Charges -
10 When the cost for advertising publishing and mailing notices of public hearings exceeds the
established fee, or when a professional consultant is hired to advise the city on the application,
the applicant shall pay the actual costs.
Confirmation of Information Accuracy
I hereby certify that the information in this application is correct. The information included in this application is
for use by the City of Okeechobee in processing my request. False or misleading information may be
punishable by a fine of up to $500.00 and imprisonment of up to 30 days and may result in the denial of this
application.
Signature Printed Name Date
y-Ab ',k�t
For questions relating to this application packet, call General Services Dept. at(863)-763-3372, Ext. 218
LDR Amendment Application Page 2 of 3
O-I 11YU11YV rum Li um t 7Pi II1I. H
ANCE IN LAND DEVELOPMENT ForULATIONS
(Sec. 70-340, LDR page CD70:16 as modified for a text amendment)
It is the Applicant's responsibility to convince the Planning Board/LPA and City Council that approval of the
proposed request is justified. Specifically, the Applicant should provide in his/her application and presentation
sufficient explanation and documentation to convince the reviewing bodies to find that the proposed change
and its likely effects:
1. Are not contrary to Comprehensive Plan requirements.
2. Are compatible with the intent of the LDRs and specifically the intent of the zoning district(s)affected.
3. Will not have an adverse effect on the public interest.
4. Are appropriate for the locations proposed and reasonably compatible with other land uses allowed in the zoning
districts affected,and is not contrary or detrimental to urbanizing land use patterns.
5. Will not adversely affect property values or living conditions,or be a deterrent to the improvement or development of
other properties in the zoning district(s)affected or nearby thereto.
6. Can be suitably buffered from surrounding uses,so as to reduce the impact of any nuisance or hazard to the
neighborhood.
7. Will not create a density pattern that would overburden public facilities such as schools,streets, and utility services.
8. Will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety.
9. Will not inordinately burden properties in the affected zoning districts by unnecessary restrictions.
Your responses to these findings should be as descriptive as possible. Attach additional pages as may be
necessary to adequately make your case. The City will, in the Staff Report, address the request and evaluate
it and the Applicant's submission in light of the above criteria and offer a recommendation for approval or
denial.
LDR Amendment Application Page 3 of 3
410 • MINUTE FILE
ern VI, P
11.41 Lake Okeechobee News
313 NW 4th Avenue
kNDEPENDENT Okeechobee, Florida 34972
863-763-3134
NEWSMEDIA INC. USA
STATE OF FLORIDA
COUNTY OF OKEECHOBEE
Before the undersigned authority personally appeared
Katrina Elsken Muros, who on oath says she is the Publisher of
the Lake Okeechobee News, a weekly Newspaper published
in Okeechobee County, Flo ida, that the at ached copy of an
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advertisement being a , •a, ..)1 _ , : _E'.'
in the matter of / .>"1 Q t.1= _ if) Li 1'�� C' ..-I I; ~:`)tv't,e..}''�,"
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in the 19t11 Judicial District of the Circuit Court bir Okeechobee
County, Florida, was published in said newspaper in the issues of
(`f ' , ..
Affiant further says that the said Lake Okeechobee News is a
newspaper published at Okeechobee, in said Okeechobee County,
Florida, and that said newspaper has heretofore been published
continuously in said Okeechobee County, Florida each week and
has been entered as second class mail matter at the post office in
Okeechobee, in said Okeechobee County, Florida, for a period of
one year next preceding the first publication of the attached copy
of advertisement, and affiant further says that she has neither
paid nor promised any person, firm or corporation any discount,
rebate, commission or refund for the purpose of securing this
advertisement for publication in the said newspaper.
J
A l ''') Z_/ — Of —.—''- '-- '--->
Katrina Elsken Muros
5618970
Sworn to and subscribed before me by means of_.physical ^,\." 6 /"�
presence or_,online notarization, is . RECEIVED r�
cam:, .
1 )0\ day of __-S�AI_\ ' Z. 1 AD a JUL 18 2013
otary Public, State of Florida at Large i �_______/1„,\,
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• SouthCeotralFloridaLife.com Lake Csee News I July 12,2023 9
—} CITY OF OKEECHOBEE
NOTICE OF LAND DEVELOPMENT
REGULATIONS CHANGE
NOTICE IS HEREBY GIVEN that the City Council of the City of
Okeechobee,FL,will conduct a FINAL PUBLIC HEARING TO CON-
SIDER ADOPTING the following proposed Ordinance(No.1272),relating
to regulations for Food Trucks withinthe City Limits:
AN.ORDINANCE.,OF THE CITY OF OKEECIIOBEE,FLORIDA;
RELATING TO THE REGULATION OF OPERATION OF MO-
BILE FOOD DISPENSING VEHICLES(MFDVJWITHIN THE CITY
LIMITS,LAND DEVELOPMENT REGULATION:TEXT.AMEND-
] MENTAPPLICATION NO.23-001-TA;AMENDING PART H OF THE
CITY,CODE;O1 ORDINANCES OF THE CITY OF,OKEECHOBEE
WITHIN CHAPTER 14 BUSINESSES,BY SPECIFICALLY AMEND-
ING ARTICLE VI MFDV,ALLOWING FOR OPERATION OF MFDV
AT HOUSES OF,WORSHIP AND IN TIE COMMERCIAL PROFES-
SIONAL OFFICE(CPO),LIGHT COMMERCIAL(CLT), HEAVY
COMMERCIAL'(CHV),.CENTRAL BUSINESS DISTRICT(CBD),
AND INDUSTRIAL,(IND)-ZONING DISTRICTS AND ALLOWING
FOR OPERATION OF INFO IN"CONJONCIION WITH A TEM-
PORARY USE PERMIT;AND"WITFUN.CHAPTER 90 ZONING,BY
SPEC CALLY AMENDING¢R'CIGLE 11.DISTRICT AND,DIS-
TRICT RIGUI.A`FIONS,ALLO`CvIl1XEIf i?FI&MEDV'AS A SPECIAL
EXCEPTION USE INZTIE CPO,CL'C`t CBS, o,AND IND ZONING
DIETItICTg AND A*ICLE 1 t,SII,Iii+iitetkCARY DISTRICT
REGULATIONS;REPEALING ALL ORDINANCES OR PARTS OF
• ORDINANCES IN CONFLICT HEREWITH;AND PROVIDING FOR
AN EFFECTIVE DATE.
This PUBLIC HEARING will be held on Tuesday,July 18,2023,at
6 PM,or as soon thereafter possible,at City Hall,55 SE 3rd AVE,in the
• Council Chambers Room 200,Okeechobee,FL.The public to invited to
attend the PUBLIC HEARING and be heard on all matters.
The proposed ordinance can be inspected in its entirety at the address above
in Room 100,during regular business hours,Mon-Fri,8 AM-4:30 PM,except.
for holidays,contact the City Clerk's Office staff at 863-763-9814.
The proposed Ordinance and related information will be posted online
one week prior to the PUBLIC HEARING date,with the City Council
agenda materials on the City website at https://www.cityofokeechobee.coml
AgendaMlnutes-CityCounci l.html.
BE ADVISED that should you intend to show any;.document,picture,
video,or items to the Council in support or opposition of this item,a copy of
the document,picture,video,or item must be provided to.the City Clerk for
the City's records.ANY PERSON DECIDING TO APPEAL any decision
made by the Council with respect to any matter considered at this meeting
will need to ensure a verbatim record of the proceeding is made and the
record includes the testimony and evidence upon which the appeal will be
based.In accordance with the Americans with Disabilities Act,persons with
disabilities needing special accommodation to participate in this proceeding
should contact the City Clerk's Office in person or call 863-763-9814,
Hearing Impaired:Florida Relay 7-I-1 no later than four business days prior
to proceeding.
13v:City Clerk Lane Clamiotea,CMC
Ad#6053 31.Slily 12